One of the three branches of the New World Order.
The Judge is appointed for life (or until they resign) by the elected official who happens to be in office when the bench is vacated. The primary purpose of the Judicial Branch is Justice. If the People don't like the Judge, they have the facility of the Press or in the case of misconduct, they can be charged by the Executive and tried by the Judges at the next level above. Judges can resign at any time, submitting a letter of such to the Executive ior* to the Press. The Executive can only appoint up to 1 judge per term. Further vacancies can be appointed by Executive offices higher up if requested from the municipality.
Judges, since they may stay for life, should be given a residence. If they elect to stay in a house of their own, they they receive ???.
In order to avoid excess waiting in filling the World Bench (or in case of other nations who need to fill their Supreme Courts, on downward), shorter terms are allowed and suggested, chosen and removed by some improvised election process, until the Bench has swapped out by the proper process described above. This is the only aberration from the Rule.
This Branch gets to choose the penalty for any breach of the Law. The Legislative and the Executive set the Law, but not the penalty. They should give any information regarding the cost of breaking the law, so that the Judge can probably assess the proper penalty to redress the grievance to state. As the foundation of this Branch is "liberty and justice for all", any penalty must be viewed through this lens -- that the State is not privileged in relation to the citizen. Hence, a ruling of "no contest" can be used to indicate guilt under the letter of the law, but that there are circumstances that may render the transgression moot.
The important criteria here is not a mastery of law (which they can easily look up), but a mastery of dialectic -- cutting through arguments and getting to the truth. Civil cases are cases where no law is on the books. Judges chambers should have bound copies of all Legislation for all districts that they are over, under, and within. University PhDs are excellent candidates.
Unlike the Executive, a would-be Judge does not have to be a resident prior to appointment, but should be willing to be a reside in the Judges Residence upon accepting the position. Judges get a residence within the district conveniently equiped and located for their position (consider: family, older than average community members, mostly quiet keep-to-self lifestyle).
Judges can vote in Legislative sessions (as a regular citizen) and, unlike the Executive, their presence DOES count towards a quorum (unlike the Executive Branch, the Judge has a distinct interest in the Law). Judges also decide when an election is officially complete.
There is one courtroom per district. In cities with both local and higher-level government (like a capitol city), multiple courts are required. Court should be open to the public, to those inside and outside the jurisdiction. This allows for corrections of procedures and oversight by the general public. For cases that reside in more than one district, use the lowest one that is common to both. For cases that involve parties of more than one jurisdiction (a dispute from someone outside the state), the two parties will have to agree on which court should hear the case (except cases of ??? murder), or the case is dropped.
The Court should hire a public defender or keep one on retainer if the level of education amongst residents isn't sufficient for the citizen to defend themselves and there's a feeling of hostility or intimidation from one of the parties. In which case, the Court should endeavor to correct this deficiency. Citizens should feel comfortable in the courtroom and a judge should be able to create a neutral space for both parties to be heard. A citizenry of informed and passionate individuals is preferable to one of dependency. People who have served here well are good candidates here should be considered for the Bench.
Claims may be guilty, not guilty, no contest, incompetence, or simply invalid and need to be reformulated. Guilty means that there must be redress of harm. A not guilty ruling requires that the defendant receive some kind of compensation for their time, besides court fees. A "no contest" plea means that while the technicality of the law was transgressed, the spirit of the law was not. The law may be invalid or inapplicable in some way. Too many of these latter rulings should be brought up to the Legislative Branch. "Incompetence" means the judges could not get unanimity* (or otherwise could not proceed) and desired to pass it upwards. The Judge should educate proper handling for re-scheduling, rather than ignore the case when invalid. There should be STAMPS for each of these rulings to indicate that it is the official ruling. Every interaction with the populace is an opportunity to educate and learn more about perfecting your community and it`s citizens.
Parties who do not appear on a scheduled court date owe the court the Bench Fee. Continued truancy should be reported by the Judge and handled by the Executive.
If a party finds the Court not being neutral or is predisposed during a case, it can declare the trail "invalid" and take it to the next level. Such person declaring still pays the Filing and Bench Fees (which can be recovered in the next case). The costs double and the loser pays, so this should be effective in those rare cases where the executive is colluding with the judicial.
Damages by the Court should be double the cost of the transgression if merely wanton or willful, but triple if both willful and wanton (perpetually careless). There is a fourth multiplier in assessing damages: a citizen acting in official capacity. If they are willful, wanton, and an official, they get quadruple damages. The Executive in charge pays 1/2 of this.
Sentencing for those convicted in criminal cases should be limited depending on the level of the Court. City Courts should limit (initial) sentences to 1 month. County to 90 days. State to 1 year. Nation limit to 5 years. World to 20 years. If after this initial sentence, the community isn't comfortable with the release of a convicted person, the next higher-level Executive must engage on the community's behalf to re-sentence in co-operation with the same-level Court OR re-try the case at that higher-level (the community pays if the defendant is released). The initial sentence is important to give a cool-down period for all parties involved.
Judges should have the gravitas to force scheduling of cases based on their knowledge of both parties. Employers in the district should always give leeway for the resolution of Justice. Judges can suspend trials if the prosocution or defence requests upon striking a bargain during the meantime.
Disputes for the Court can be presented by individual residents of the jurisdiction, in which case the citizen is responsible for ensuring the appearance of the defendant. This is how citizen arrests can be handled. STUB not complete: Either the filing party speaks and gives notice themselves, or a notice can be sent to the party by the Branch for an extra fee. Private parties can request that thier dispute not be published on the Court docket.
Beyond the city level, there is more than one judge: two for a county, four for a state, eight for a country, sixteen for the world. Where one municipal district coincides with another level`s, like a city which is also a county-seat, different court rooms and Judges Chambers should be available. For inceding districts below city level, a rotation of the Judges to support a courtroom is sufficient (alternating between 2 people for 1/2 a Judge, like morning vs afternoon court sessions, for example, 4 people for 1/4 of a Judge). This effectively makes Judges a less-than-lifetime appointment for anything below a city level. Judges can take a "sabbatical", a temporary leave (e.g. 1 month) to serve at a lower-level court, giving an opportunity to teach lower-level Judges. They remove their portion of the Bench Fee from the higher court during that period. Court decisions require 3/4 majority. This isn't the break-room where you can just take a simple majority. It is so that wisdom gets developed through the exercise of dialectic and reason between Judges. If no such agreement can be attained, then, similar to a "hung jury", the ruling is "INCOMPETENT" (Fr.: will not compete). Cases must not be dropped without consent of both parties, as one does not know the issues involved without a full hearing.
Given the issue of an absent Judge, due to sickness of other reasons, a jurisdiction can decide whether to create temporary appointees (which may be useful in finding competent citizens) or leave it a temporarily weaker Bench.
Judges decide jurisdictions for Law for levels below. Executive can propose boundaries, and this Branch must pass or fail such proposals. Judges also make rulings regarding "proper" Notice for governmental operations (like setting a vote before the Legislature for a Law). It takes only ONE dissenting member to dismiss such notice as "proper" (thereafter an "improper notice").
The parties involved can decide to raise the case up to a higher-court or to simply compromise.
Judgements should strive to be made while Court is in session, to prevent the possibility of contamination from sources of opinion or other data without either party present. When Bench confidence is lacking, sentencing for criminal cases should be decided by the community affected, keeping dialog off the record of the Court.
The Judge mediates and decides disputes between conflicting parties as well as act as witness to contracts (marriage or otherwise) if they want the services of the government to uphold it, collecting a filing fee. If a ruling is made but disagreed upon, it can be appealed to the next higher level of power, but the cost doubles each level and the loser pays (in which case the one who wishes to appeal becomes the plaintiff). Income tax cases cannot be appealed after you've reached the boundary that applied the tax. If a higher court overturns a lower court ruling, they can collect the Bench Fees from the lower court (minus the filing fee). The court, rather than making a ruling, can indicate "PASS" and forward it to the next higher court but collect no fees and waive the filing fee. Interaction with the Court consists of a small Filing Fee (applied even when no Bench time is required) and a Bench Fee when the court room is engaged. The Judicial Branch has to take responsibility to teach citizen how to have their cases in order. When the court room is too busy, excess cases should be handed off by the Bench to the Executive Branch.
After an appeal, the next Court should be able to ascertain the main points of contention that were unresolved in the last case. Any claims made about the lower Court from either party can be cross-checked by one of the Judges at the higher court. This should speed up resolution for everyone involved.
If the filing fees for the Court are considered extravagant, the Executive can request to the Court to address the matter.
If you get to the top-most level, and you don't like the ruling at the Bench, you just have to drop it, take the loss, and try to get elected to make the changes you want.
All correspondence with the Court should be filed with the Bench and recorded in the Chambers. The term, "the Bench", refers to any of the Judges acting in official capacity, not necessarily all of them, except in official court decisions.
Each individual Judge should establish their fixed, personal fee and justify, if desired, to the other members of the Bench to make their service worth their while. The total fees should be published, so citizens know beforehand costs of legal disputes, called the Bench Fee. This fee is collected after a case is decided, but if the decision is appealed, and overturned, such fees should be re-imbursed.
Judges can submit writs to the Press, suggesting for example, that Mrs. Joyce Jones, business executive, serve on advisory board to the Mayor (without stipulating further details like compensation, hours/week, etc). The Judge should check with such person beforehand regarding their availability. The Mayor can choose to accept or not the suggestion.
Judges have Chambers. A physical office to hold all case histories, and in which to deliberate with other Judges privately. Judges should establish a method to categorize cases and keep them in order for future posterity. Cases can be published if there is no dissenting member of the Bench, otherwise agreements can be established for researchers (e.g.) to gain access to case history.
Judges can get together to call an election at any time the Executive office is vacant, in the case of an Emergency, for example. An Executive above may also suggest this to the Bench lower-down in order to fill offices there and smooth policy execution.
Judges should have sapphire rings, signifying their commitment to the integrity of civilization and their status to the community, worn on the finger of either hand (ideally, the finger that symbolizes will). Ideally the size is exchanged as the level of service increases -- the ring isn't simply an act of compensation, but a type of signifier to solicit engagement from citizens needing counsel. This ring is not be kept after a retirement, but passed to next incumbant.
The Executive decides election proceedings, while the Legislature executes such proceedings, Judges oversee election proceedings, giving final stamp of approval of the process (not the elected) and acceptance of the elected candidate (he or she meets all criteria for office. Judges can call for emergency elections or for times when the office is vacant. Judges should be unanimous on date, time, location (i.e. proper Notice), except in the case of attack, where one might do. In such cases, there is no law that can be set, as each such situation is highly charged and unique.
Final election results should not be published, but the approximate voter turn-out percentage should be published. The final order of placement (1st, 2nd, 3rd, etc.) should be shown to the victor and remaining candidates but not published. Totals should be kept in the Judges Chambers.
- That stands for "inclusive or". In more words, it would be said "and/or".
STUB In process of revision: unanimity Judicial Decisions:
- require unanimity except for
- dissenting votes on the ruling of "proper" Notices within the Legislative Branch requiring only half of the Council, rounded up to a whole individual. A Council is defined as the number of Judges states in this document. For sub-divisions below city, this means "whoever is on hand for the 1/2 day" (or 1/4 day, etc.).
Note that anything below city level is considered informal until the establishment of a "organized militia", so that citizens of the district must decide whether structure of alternating judges is necessary (formal system) or whether you should "wing it" (a protest group wishing to establish a temporary government).
Tips from the J.D.:
- TEach/allow the defense